No marijuana use even where legal
Landlords can ban marijuana in private rentals even where it's legal. Federal law still classifies it as illegal, giving landlords cover.
Is this clause in your lease?
Upload your lease and we'll flag this clause (and every other red flag) in 30 seconds — free.
What it actually means
Legal marijuana is state law. Federal law (and many landlord insurance policies) still treat it as prohibited.
The landlord's property rights let them ban any activity that could increase liability or violate federal law.
What it looks like in a lease
"The use, possession, or cultivation of marijuana is prohibited on the Premises regardless of state law."
What to watch for
- Whether it's smoking-only or all use
- Enforcement mechanism
How to negotiate it
Ask for edibles exception: 'No smoking or cultivation; consumption of edibles permitted.'
When it crosses into a red flag
- Immediate eviction for possession
Frequently asked questions
Can they search my apartment?
No — but if they smell smoke or see plants, that's evidence of violation.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
